We assume that the consent or non-consent of these clauses must be respected by the company, but that this is only possible when the information has been provided in bolivia email list an unequivocal manner. If it could not be proven that this has been done properly, the subsequent consent that could be obtained would be worthless and void .
Is consent always required?
Article 6.2 of the Organic Law on Data Protection clarifies that when personal data is collected for the correct initiation, maintenance and management of the employment relationship, express consent will not be required.
Of course, we are talking about the essential data that is necessary to carry out these tasks, so this would not affect those who go outside this radius of action. In addition, it is clear that this will only be the case as long as higher rights or individual freedoms are not violated , which is not usually the case with regard to contractual relationships.
In any case, the information collected must always be proportional and appropriate for that purpose.
When personal data is to be collected for other reasons , the company must inform employees of various aspects related to the LOPD, in an unequivocal and clear manner:
In summary, the obligation to provide information is immutable, but consent will not be necessary to process personal data when it is essential for maintaining the employment relationship .
Common ways of reporting LOPD clauses
It is common to include the basic clauses relating to the LOPD in the employment contracts themselves, so that when they are signed, the essential proof that the obligation to provide information has been fulfilled is provided. Another way is to attach a document relating to data protection to the contract, so that it can be signed independently.
When changes are made to the clauses or new ones are included, this should be reported in writing, with two copies provided, one for the employee and one for the company, which must be signed .
The worker does not want to sign an information clause
In the unlikely event that the employee does not wish to sign the information clause, the company should ensure that its obligation to provide information is clearly fulfilled, in order to avoid the clause being invalid. Remember that even if the employee subsequently gave his consent, if he claims not to have been properly informed and no other proof can be provided, the clause would be void in his case.
This may be an unlikely case, but it is good to study the options that the company has in this situation. The first step is to talk to the worker to try to understand the reasons for his refusal, clarifying his doubts and explaining to him that he is free to raise his opposition to the clause, but that he should sign to prove that he has been informed by the company.
